AWADH KISHORE TEWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 30th September, 199l passed by the respondent No. 2 and as contained in Annexure-1 to the writ application whereby and whereunder he has set aside the order dated 31-3-1989 passed by the Deputy Director of Consolidation, Muzaffarpur in Appeal No. 9 of 1989.

(2.) Short put the fact of the matter is as follows : The lands in question which have been described in paragraph 3 of the wait application, were entered in the name of Radhika Tewary and Ramashray Tewary sons of Suraj Tewary and Bikram Tewary. The petitioner and the respondent No. 3 are sons of Radhika Tewary.

(3.) According to the petitioner there had been a parties amongst the Radhika Tewary and his brothers in the year 1974 wherein the disputed land was allotted in the share of Radhika Tewary. Radhika Tewary executed a deed of gift dated 26-4-1986 in favour of the petitioner. Allegedly before execution of the said deed, permission was obtained from the authorities under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to for the sake of brevity' as the said Act) in case No. 347/86 wherein the respondent No. 3 although noticed, did not file any objection.